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	Delegate to Press on for Child Sex Abuse Bill By Meg Tully News-Post February 15, 2009 http://www.fredericknewspost.com/sections/news/display.htm?StoryID=86499 ANNAPOLIS -- A state bill that would allow victims of child sexual abuse to sue for damages until they are 50 years old has been voted down by a Senate committee. But Frederick Delegate Sue Hecht, a Democrat who is sponsoring the legislation in the House of Delegates, is determined to press on with the bill. "I'm dedicated to protecting children from predators," Hecht said. "I'm dedicated to exposing as many predators as possible." The Senate Judicial Proceedings Committee voted 8-2 Thursday to recommend against passage of the bill. Sen. Alex Mooney, a Republican who represents Frederick and Washington counties and sits on the committee, voted with the majority to give the bill an unfavorable report. Hecht said she now plans to arrange a meeting with House Judiciary Chairman Joseph Vallario to discuss the bill, and said it may be amended to simply study the issue, rather than make a change in law. Statute of limitations While there is no criminal statute of limitations for child sex abuse in Maryland, civil complaints are limited. Under current state law, those victims only retain their right to sue civilly until they are 25 years old, seven years after they turn 18. Advocates argue that is not enough time, since it takes much longer for many victims to come to terms with their abuse and become willing to confront it. "This gives victims another opportunity as they grow to an age that they are comfortable in bringing some relief to their lives," Hecht said. "For me, it's helping the victims, it's identifying the predators who almost always have multiple victims." But opponents of the bill argue that it becomes almost impossible to defend against a claim 20 or 30 years later, when most documents are gone and the people involved may have died or moved. In some cases, the abuser themselves may be dead, and the victim is suing an institution for negligence, said Sen. Brian Frosh, chairman of the Judicial Proceedings Committee. "The priest is no longer around, either fled or dead, and they say, 'Well, we don't know what he did 20 years ago, 30, 40 years ago,'" Frosh said. "How do you defend against cases like that? You can't." Frederick interest The bill has gained attention in Frederick, after advocates and victims held a meeting at the C. Burr Artz Public Library in November to talk about it. And on the other side of the debate, a Middletown priest, the Rev. J. Kevin Farmer of the Holy Family Catholic Community, has been talking with his parishioners as well as Protestant churches about the negative impact the bill could have on private institutions. Susan O'Brien, a lobbyist for Child Victims Voice, a statewide coalition of survivors and advocacy organizations, attended the November meeting in Frederick. She said that by the time a victim of child sexual abuse comes to terms with the abuse and is ready to move forward, a criminal case is not a viable option. That standard of proof, beyond a reasonable doubt, is higher, and prosecutors often reject old cases for lack of evidence, she said. Extending the statute of limitations in civil court gives them one more option and allows them to identify the abuser, who may have other victims. "This is an opportunity for them to bring their abuser in front of them and say this is what you've done wrong, this is how it's affected my life, and this is the justice I'm seeking," O'Brien said. Even cases directed only at an institution should still be heard because that means the plaintiff can show that the institution contributed or failed to stop the problem, she said. Hecht should continue with the bill, she said, because making it an option will help stop child sexual abuse. "It is abhorrent, and why aren't we doing everything possible to bring this forward?" O'Brien asked. Private-public difference Mooney voted against the bill because it would apply only to private institutions, since other parts of state law have strict notice requirements for those who intend to sue a public institution, he said. That includes public schools and juvenile institutions. "I think it's little disingenuous," Mooney said. "If they want to do it, they should do it for everybody. The abuse is the same." Farmer wants local people to also realize that a lawsuit filed against the Catholic Archdiocese of Baltimore could be devastating to local parishes, potentially causing them to close parishes or social and educational programs. A lawsuit against other private schools or churches could also have the same result, he said. In Delaware, where a similar law was passed, the Archdiocese of Wilmington is facing bankruptcy, he said. The percentage of priests who abuse children is low and similar to that of the percentage of abusers in the general population, he said. Instead of going after private institutions, the law should focus on protecting children, he said, pointing to aggressive programs in the Catholic Church to prevent abuse. He also said that pushing back the statutes of limitations could result in more children being hurt. "Say you push this out till 50, if someone has to come forward at 21 or 25, it gets it out there and gets it dealt with right away," Farmer said. "If someone doesn't come out until (he or she is) 49, there's more of a chance of someone getting victimized by this person."
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